On December 18, 2025, the Senate confirmed President Trump’s three nominees to the National Labor Relations Board (“NLRB” or the “Board”). The confirmation restores quorum for the NLRB, which was lacking for nearly an entire year. Without a quorum, the Board was unable to perform the majority of its functions, including issuing decisions.Continue Reading NLRB Regains Quorum, Trump Nominees Confirmed By Senate
On September 10, 2025, Representative Kevin Hern (OK-01), together with Democrat co-lead Representative Don Davis (NC-01), introduced the American Franchise Act (H.R. 5267, hereinafter “AFA”). The AFA is designed to provide consistency and clarity on when a franchisor may be considered a “joint employer” of a franchisee’s employees under the National Labor Relations Act (“NLRA” or the “Act”). Aimed at curtailing joint employer liability and stopping the see-saw rulemaking that has plagued the National Labor Relations Board (“Board”) in recent years, this legislation would potentially govern the rights of approximately five percent of all workers in the United States, or approximately 8,400,000 individuals.Continue Reading Congress Introduces the “American Franchise Act” to Clarify Joint Employer Liability
On October 28, 2025, the U.S. Court of Appeals for the Ninth Circuit upheld the structure and authority of the National Labor Relations Board (“NLRB”) against three constitutional challenges in NLRB v. North Mountain Foothills Apartments LLC (9th Cir. Oct. 28, 2025).Continue Reading Ninth Circuit Upholds NLRB Authority and Structure – Creating Split with Fifth Circuit
The National Labor Relations Board (NLRB) has filed suit against the State of California and the California Public Employment Relations Board (PERB) seeking to block enforcement of Assembly Bill 288, a new law that would allow California to step into the NLRB’s shoes under certain conditions. The NLRB contends that AB 288 is preempted by the National Labor Relations Act (NLRA) and that it violates the Supremacy Clause of the U.S. Constitution.Continue Reading NLRB Challenges California’s AB 288 as Preempted by Federal Law
Last year, we reported that Governor Gavin Newsom signed SB 399, codified as California Labor Code section 1137, into law. This statute bans employers from holding captive audience meetings, which are mandatory employer-sponsored meetings that discuss religious or political matters—including unionization. California is one of at least 12 states that have passed captive audience laws at the urging of labor unions.Continue Reading Captive Audience Meetings: Prohibitions Remain on Hold
On Tuesday September 30, 2025, California Governor Gavin Newsom signed Assembly Bill 288 (“AB 288”), which grants a California state agency the authority to enforce federal labor law in the absence of action by the National Labor Relations Board (“NLRB”).Continue Reading California Signs Law Granting State Agency Authority Over Private Sector Labor Disputes
As we discussed in June, the New York State Legislature passed a bill usurping the power of the National Labor Relations Board (“NLRB” or “Board”) to regulate labor disputes in the private sector while the Board lacks a quorum. On September 5, 2025, Governor Kathy Hochul signed the bill into law, which became effective immediately. Unsurprisingly, shortly thereafter, NLRB Acting General Counsel William Cowen announced that the NLRB is preparing to file a lawsuit challenging the new law, which he called an attack on the “core jurisdiction” of the NLRB.Continue Reading The NLRB Announces Its Intention to Sue Just as Governor Hochul Signs Bill Asserting Jurisdiction Over Labor Relations in New York
On August 19, 2025, the Fifth Circuit upheld injunctions barring the National Labor Relations Board (“NLRB” or the “Board”) from prosecuting unfair labor practice cases against SpaceX and two other companies. In its decision, a three-judge panel found the removal protections that federal labor law grants NLRB members and NLRB administrative law judges (“ALJs”) likely violate the U.S. Constitution. The Fifth Circuit emphasized that being subjected to proceedings by unconstitutionally insulated officers constitutes irreparable harm, leading to preliminary injunctions blocking the NLRB cases. Continue Reading Fifth Circuit Rules NLRB Structure Likely Unconstitutional
The National Labor Relations Board (“NLRB”) is sharpening its focus on “salting”—the practice of union organizers seeking employment with non-union employers to facilitate organizing campaigns. On July 24, 2025, the NLRB’s Acting General Counsel (“AGC”) William Cowen issued updated guidance that both clarifies and intensifies scrutiny around salting cases, altering how these matters will be investigated and litigated.[1] Employers and HR professionals should take note of this evolving landscape.Continue Reading Hold the Salt: Key Takeaways from the NLRB’s New Guidance on Union Salting
With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board by Congress. New York lawmakers have passed legislation that, if signed by Governor Kathy Hochul, would grant state agencies the power to enforce federal labor law. Employers could face significant challenges if this bill becomes law. Most concerning, employers could have a collective bargaining agreement imposed on them by an arbitrator.Continue Reading New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB
On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC, d/b/a Ascend Dispensary v. Tina Kotek, in her official capacity as Governor of the State of Oregon, et al., Case No. 3:25-cv-244-SI (D.Or. May 20, 2025), striking down Oregon’s United for Cannabis Workers Act and holding that the law is preempted by the National Labor Relations Act (“NLRA”) in violation of the Supremacy Clause and the First Amendment of the United States Constitution.Continue Reading Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will No Longer Enforce State Requirement